Citation : 2023 Latest Caselaw 14135 MP
Judgement Date : 28 August, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10908 of 2023
(HARIRAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-08-2023
Shri Ashish Tiwari - Advocate for the appellants.
Ms. Chandrakanta Pal-Panel Lawyer for the respondent/State.
Heard on admission.
The appeal is admitted for final hearing. Record of the trial Court be requisitioned.
Also heard on IA No.20478/2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellants aris ing out of judgment dated 18.08.2023 delivered in S.T. No.214/2021 by Third Additional Sessions Judge to the Court of First Additional Sessions Judge, Sagar, District- Sagar.
T h e appellants have been convicted under Section 148 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, Section 452/149 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs.1000/-, Section 324/149 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs. 1000/-
and Section 323/149 of IPC and fine of Rs. 2000/- with default stipulations.
Learned counsel for the appellants submits that Trial Court has suspended the sentence of the appellant till 18.09.2023. Final hearing of this appeal is not possible in near future. Thus, it is prayed that remaining jail sentence of the appellants may be suspended.
The prayer is opposed by learned counsel for the State. Considering the short sentence coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to suspend the Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/29/2023 6:37:05 PM
remaining jail sentence of the appellants.
Accordingly, I.A. No.20478/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellants-Hariram, Bhoore, Bhoopendra alias Anuj, Supyar, Chandan, Halle alias Harnam, Preetam Singh and Malkhan Singh is hereby suspended and it is directed that they be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) 'each' with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial court Sagar District Sagar on 30.10.2023 and also on such other dates, as
may be fixed by the trial court in this regard during the pendency of this appeal.
List the matter for final hearing in due course. C.C. today.
(ACHAL KUMAR PALIWAL) JUDGE
kundan
Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/29/2023 6:37:05 PM
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